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 Chilling Effects Clearinghouse > Defamation > Frequently Asked Questions > What are the elements of a defamation claim? Location: https://www.chillingeffects.org/protest/question.cgi?QuestionID=408

Question: What are the elements of a defamation claim?

Answer: The party making a defamation claim (plaintiff) must ordinarily prove four elements:

  1. a publication to one other than the person defamed;
  2. a false statement of fact;
  3. that is understood as
    4. a. being of and concerning the plaintiff; and
    b. tending to harm the reputation of plaintiff.
  4. If the plaintiff is a public figure, he or she must also prove actual malice.

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